Human Rights of Terrorism Suspects in Kenya
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Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
The Law Society of Kenya Journal
Abstract
In the 21st Century, the phenomenon of Terrorism has become one of the terrifying threats to human existence, security and wellbeing. It is now a global threat and a new battlefront for the international community. Terrorism today is not just a threat to individual western European states, but the international community as a whole. The new terrorists’ mantra, ‘you are either with us or against us’ effectively places everyone at risk. The apparent disregard by terrorists in recent times, for some of their victim’s race, religion, gender, age et cetera and therefore treat such victims as collateral damage in the execution of their broader scheme, has galvanized the position of the international community against terrorism. This article focuses on the balance of security concerns and the protection of the rights of terrorism suspects during the fight against terror in Kenya. This article seeks to strike a balance between the protection of national security vis-à-vis the rights of terrorism suspects. Because of the above, states, including Kenya are increasingly compelled to take extraordinary steps to combat this vice. The traditional measures of dealing with suspects of ordinary crimes (apprehension and custody by law enforcement agencies and due process of the law) have been put to the real test while dealing with terrorism suspects, considering the peculiar nature of terrorism, its evolving nature and threat. In the face of rising global acts of terror and the response of states to the same, this article with specific reference to Kenya seeks to reaffirm the significance of balancing the interest of national security on the one hand and the human rights of terrorism suspects on the other, within the realm of both national and international law. The author believes that even in the course of protecting domestic and international peace and security, the rights of terrorism suspects must still be protected in conformity with the principles of the rule of law. Given the preceding, reference is made to the laws of Kenya and other states and relevant international instruments and case law to support the assertion. A comparative analysis of the practice of selected countries has been conducted.
Description
Journal Article
Keywords
terrorism, human rights, suspects, risks, law enforcement, Kenya
Citation
Owuor, M. (2020) Human rights of terrorism suspects in Kenya, The Law Society of Kenya Journal